If you are being contacted by SRS & Associates, Inc., you have a past due debt, or even worse, you may be accused of owing a debt that isn’t yours. There are laws in place to protect you and your loved ones from the under-handed actions and harassment of third-party debt collectors. Passed in 1978, the Fair Debt Collection Practices Act (FDCPA) was enacted to stop wrongful collection practices. There are harsh legal penalties for collectors who violate the FDCPA. If a third-party, who didn’t have any involvement with the debt, has been contacted by SRS & Associates, Inc., you may be able to pursue a claim against them.
What Third Parties Can Debt Collectors Contact?
The FDCPA prohibits a debt collector from discussing your debt with anyone who didn’t play a part in the original loan process. This means that if you are living at home, SRS & Associates, Inc., cannot talk to your parents about your past due debt. They can only ask your parents your whereabouts and for a valid contact number. If you are married, they cannot discuss your past due debt with your spouse. There are some limitations regarding when your spouse can be contacted by a collection agency, such as SRS & Associates, Inc. Here are some of the ways they can contact your spouse:
- He or she is co-owner of the debt, or a party of the debt
- They are looking to get valid contact information for you, such as your current phone number
- If the collection agency has been given permission to talk about your debt with your spouse
While the FDCPA doesn’t blatantly say that collection agencies, such as SRS & Associates, Inc., cannot contact you at your place of work, they cannot release any information about your debt to your employer or co-workers. If you, or your employer, tells SRS & Associates, Inc., that you cannot take phone calls at work and they continue calling you, they have violated the FDCPA.
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What Contacting Third Parties Are In Violation Of The FDCPA
When SRS & Associates, Inc., are contacting you or trying to track you down to collect a debt, they have strict guidelines to follow. Here are some rules that they must adhere to:
- Your spouse cannot be contacted more than one time if they aren’t on the debt
- If your spouse isn’t on the debt, they cannot be told about it
- Share information about the debt with the spouse if his or her name isn’t also included on the loan documents
- Give detailed messages to your spouse regarding the debt and the collections process
If your spouse is also on the debt, if you or your spouse sends a cease and desist letter to SRS & Associates, Inc., they cannot continue contacting either of you. If they do, it is an FDCPA violation. A third party can only be contacted once by SRS & Associates, Inc., about you. The only way a second call is if they provided incorrect or incomplete contact information.
Talk To An FDCPA Lawyer Today
If SRS & Associates, Inc., has contacted a third-party about your debt and that individual had nothing to do with the original loan, you can take action against them. Speak with a n FDCPA lawyer who handles debt collection harassment claims so you can get the harassment to stop and you can get a claim underway. Complete the Free Case Evaluation Form to have the details of your case shared with an FDCPA attorney who handles debt collection harassment cases in your state.
Additional Resources
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against SRS & Associates, Inc., or any other third-party collection agency, you may not be entitled to compensation.